Texas Child Support Questions & Answers
Q: Wife’s mother is legal guardian of child. If husband files for divorce do he need to declare that a child is involved?
Carrie T. Schilling's answer
Child support is determined based on the best interest of the child. If the grandmother is the legal guardian or a conservator of the child, then there should already be an order affecting the parent child relationship. This order may include an order regarding child support. The divorce may or may not result in a modification to that existing order, including the child support. However, it is unlikely that support would be back-dated 7 years if that did not occur when the court issued the...
Child support is determined based on the best interest of the child. If the grandmother is the legal guardian or a conservator of the child, then there should already be an order affecting the parent child relationship. This order may include an order regarding child support. The divorce may or may not result in a modification to that existing order, including the child support. However, it is unlikely that support would be back-dated 7 years if that did not occur when the court issued the...
Q: If I got a letter from the attorney general telling me I had to go to court how do I reschedule?
Carrie T. Schilling's answer
There should be a phone number of who to call on the citation. If you have not missed your court date yet, you can call the attorney general's office or the court clerk and ask if you can get the date re-set. If you've already missed your court date your options may be limited depending on how long its been and whether you can prove that notice was deficient. You may be able to appeal or ask for a new trial on the basis that you did not receive notice. If you've missed the deadline to do...
There should be a phone number of who to call on the citation. If you have not missed your court date yet, you can call the attorney general's office or the court clerk and ask if you can get the date re-set. If you've already missed your court date your options may be limited depending on how long its been and whether you can prove that notice was deficient. You may be able to appeal or ask for a new trial on the basis that you did not receive notice. If you've missed the deadline to do...
Q: Will I have any rights to my wife's ex husband CS arrears?
Rahlita D. Thornton's answer
Legally the order probably states that his obligation in to the mother. The moral thing to do would be to share with you. Hopefully, some good came of your help for those children.
Legally the order probably states that his obligation in to the mother. The moral thing to do would be to share with you. Hopefully, some good came of your help for those children.
Q: Can my daughters mom take off back pay if she wants to in new mexico?
Rahlita D. Thornton's answer
Each state has their own rules. If the order is one that is pending in New Mexico ask an attorney licensed there. If order signed in Texas if both parties are in agreement then such can be fashioned and done. Good luck. If you need us we are willing to assist 888-353-4529.
Each state has their own rules. If the order is one that is pending in New Mexico ask an attorney licensed there. If order signed in Texas if both parties are in agreement then such can be fashioned and done. Good luck. If you need us we are willing to assist 888-353-4529.
Q: Have been divorced for 2 yrs. Decree says Divorce with no children. Ex now says a child is mine and wants child support.
Rahlita D. Thornton's answer
If she knew that she was pregnant at the time of the divorce then you may be able to get off from paying child support or her asserting now that you are the father. If you need further counsel feel free to contact us at 888-343-4529.
If she knew that she was pregnant at the time of the divorce then you may be able to get off from paying child support or her asserting now that you are the father. If you need further counsel feel free to contact us at 888-343-4529.
Q: Ok the mother of my child has 4 kids 4 different dad's is it legal for her to collect only child support on two of us?
Rahlita D. Thornton's answer
Each father can be ordered to pay child support regardless of another father’s obligation. One is not dependent on the other. Hope this helps.
Each father can be ordered to pay child support regardless of another father’s obligation. One is not dependent on the other. Hope this helps.
Q: Can I sign over my rights?
Rahlita D. Thornton's answer
You can sign over rights. But, if it is not your child then it would be better off learning that 1st. Then you would not be responsible at all. You should get an attorney in your area to assist you with this as soon as possible. Good luck.
You can sign over rights. But, if it is not your child then it would be better off learning that 1st. Then you would not be responsible at all. You should get an attorney in your area to assist you with this as soon as possible. Good luck.
Q: Can mother of kids ask for child support if she doesn’t work? She’s Been going to school for 8-9 yrs now what can I do
Rahlita D. Thornton's answer
Yes, she can request child support regardless of how much she makes. Child support is based on your income if she has them primarily. You should still retain an attorney to represent your rights if she does file any actions. 888-343-4529 if you need us.
Yes, she can request child support regardless of how much she makes. Child support is based on your income if she has them primarily. You should still retain an attorney to represent your rights if she does file any actions. 888-343-4529 if you need us.
Q: My husband is paying child support and his ex became pregnant by a man that was abusive to her and just got out of jail.
Rahlita D. Thornton's answer
You can file a motion to modify and depending on all of the facts request primary custody of the child. Then she would be responsible for paying child support.
You can file a motion to modify and depending on all of the facts request primary custody of the child. Then she would be responsible for paying child support.
Q: if im on child and have another child that im about to be on support for will the first mothers payments decrease?
Matthew Valley's answer
You would need to go to court and get the first child support order modified to accommodate the fact that you now have another child to support. It will not just change automatically.
You would need to go to court and get the first child support order modified to accommodate the fact that you now have another child to support. It will not just change automatically.
Q: My brother needs help Relinquishing his Parental Rights (his wife is willing to cooperate)
Rahlita D. Thornton's answer
The cost of attorney fees will depend on the amount of time necessary to complete the case. More information as to whether orders are in place already is a good place to start to do the assessment.
The cost of attorney fees will depend on the amount of time necessary to complete the case. More information as to whether orders are in place already is a good place to start to do the assessment.
Q: I am paying CS instead of AOG we set up an account which I deposit into every month
Rahlita D. Thornton's answer
Not sure what you are asking. But, if you are asking if you’re supposed to be paying directly through the Attorney General account instead of directly to the person you are correct. Contact OAG for payment instructions.
Not sure what you are asking. But, if you are asking if you’re supposed to be paying directly through the Attorney General account instead of directly to the person you are correct. Contact OAG for payment instructions.
Q: Am I able to use Legal Aid if I’m a Stay at Home mother with no income... I’m needing a divorce.
Rahlita D. Thornton's answer
They have income guidelines and other requirements to qualify. You should contact them directly and ask them.
They have income guidelines and other requirements to qualify. You should contact them directly and ask them.
Q: Would I have to pay c/s to my ex if our children live with me? I work full time- pay for everything & he refuses to work
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Texas
on
Answered on Jan 23, 2019
Answered on Jan 23, 2019
Rahlita D. Thornton's answer
You need to review your order and that controls as to who is responsible for child support. If there is a modification by the other party and you have been served with it then you should get an attorney to fight the modification. It is possible for either party to be ordered to pay child support.
You need to review your order and that controls as to who is responsible for child support. If there is a modification by the other party and you have been served with it then you should get an attorney to fight the modification. It is possible for either party to be ordered to pay child support.
Q: My child mother placed me on child support but I never had DNA done or signed acknowledge paper. Do I owe back pay?
Rahlita D. Thornton's answer
The most important thing is to get a DNA test. We could assist you on getting you through it all. We be happy to assist 888-343-4529 or 888-3434LAW.
The most important thing is to get a DNA test. We could assist you on getting you through it all. We be happy to assist 888-343-4529 or 888-3434LAW.
Q: Can she put me on child support? Do i have any legal obligation to the child?
2 Answers
| Asked
in
Child Custody, Child Support and Family Law
for
Texas
on
Answered on Jan 11, 2019
Answered on Jan 11, 2019
Victoria Collins' answer
If her husband had his name placed on the child’s birth certificate and he resided with the child the first two years of child’s life, he is the presumed father, but this can be rebutted through a paternity suit. So if she files a paternity suit then the court is likely to order a dna test to make sure you are the father. If you are in fact the father you can voluntarily terminate your parental rights.
If her husband had his name placed on the child’s birth certificate and he resided with the child the first two years of child’s life, he is the presumed father, but this can be rebutted through a paternity suit. So if she files a paternity suit then the court is likely to order a dna test to make sure you are the father. If you are in fact the father you can voluntarily terminate your parental rights.
Q: I have a judge ordered CS payment due for 1/2019. Have 2 pay in full or can I split up pay as long as it's by 1/31/19?
1 Answer
| Asked
in
Criminal Law, Family Law, Child Support and Municipal Law
for
Texas
on
Answered on Jan 9, 2019
Answered on Jan 9, 2019
Rahlita D. Thornton's answer
Look at your order for the due date. Follow that. It should state the exact date that it is due. To be on the safe side pay be that date.
Look at your order for the due date. Follow that. It should state the exact date that it is due. To be on the safe side pay be that date.
Q: My s/o and I went to c/s a year ago because She wanted the health insurance. Now she leaving and taking our 2yr old.
1 Answer
| Asked
in
Divorce, Family Law, Child Custody and Child Support
for
Texas
on
Answered on Jan 9, 2019
Answered on Jan 9, 2019
Rahlita D. Thornton's answer
Look at the order that was signed by the judge when you went to the child support court. It should also have some details about your visitation rights. Good luck.
Look at the order that was signed by the judge when you went to the child support court. It should also have some details about your visitation rights. Good luck.
Q: I been paying my child support but it hasn't been motified in 10 years so now im worried i could owe back child support
Rahlita D. Thornton's answer
Don't let that bother you. If the order has not been modified by the court then they can't go back and say you owe more than previously ordered. Go ahead and fight for your visitation rights. We can assist as well 888-3434LAW or 888-343-4529.
Don't let that bother you. If the order has not been modified by the court then they can't go back and say you owe more than previously ordered. Go ahead and fight for your visitation rights. We can assist as well 888-3434LAW or 888-343-4529.
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